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PIPE HEARING 7 ISPOSTPONED Oil Company Alleges Is Within Legal Rights On Highway Hearing on the temporary order retraining the Valley Pipeline com pany from using state highway 100 ilght-of-way in laying of a pipeline was postponed indefinitely here Monday at the request of the attor ney general's department. Further conferences between the attorney general’s department and the state highway department will be necessary before the controversy can be settled, acccrdlng to attorneys in the litigation. The attorney gen eral’s department was represented by John W Pope. Jr., and William M. Hill, assistants. The defendant pipeline filed its answer Monday, contending that i* has full legal right to use the high way for laying of the pipeline. This authority Is claimed under Articles 1497 and 6022. Revised Civil Statutes Of Texas. 1925. As a common carrier uncer me •ttte constitution, the pipeline com pany alleges It “has been granted the right and power to enter upon, con demn and appropriate ands. rights of-way, easements and property of any person or corporation. togeL.er with the express right and power to lay pipe aiong, across and under>any public road or highway In the state, with the limitation only that no pipelplne shall be laid parallel with, and on any public highway closer than 15 feet from the improved sec tion thereof, except with the approval and under the direction of the com missioners' court." The company alleges that it Is fully without the 15 foot limit on the Port Isabel read. The highway has 38 feet on each side >f the "improv ed section.'' defendants alleges, nd taaerts it is not within the 15 foot limit. The company applied to the state highway commission for permlsalc to use the right of way willy 23, and the highway department referred it to the division engineer, J. W. Puckett at Pharr. Puckett recom mended that the right of way not be granted, according to defendants answer The highway department was notified August 1 that he re straining order was obtained In 103rd district court here Aug 7. The pipeline company wishes to use of the state right-of-way begin ning at Barreda to a point four miles oast, and a distance of 6H miles out of Port Isabel. PROHIBITION (Continued from Page One) another chance in November, 1938, tat that election could not re instate prohibition. Local option lews similar to those in force when prohibition was voted would be required in event of repeal Voters of a coun ty, justice precinct, incorporated city or town would be entitled to prohibit or legalise sale of Intox icating liquor. In addition, voters would have the further option of legalizing or prohibiting liquor of various types and alcoholic contents. Thus, beer and wines could be legalized but wlilskey prohibited, or even closer division lines drawn. The wet or dry status of coun ties, precincts or cities and towns at the time prohibition became affective would be preserved un der the repeal amendment. Local options would be neceesary to change an area from wet to dry, ct dry to wet Another clause of the local option section would recognize lo cal option on 3J beer as deter mined at elections subsequent to legalization of the brew two years ago Wednesday: Old-age pensions fwrf submission of constitutional amendments at special legislative sessions). FIVE TO FACE (Continued Prom Page One) •an Manuel, north of Edinburg, as they were on their wav back to San Antonio with goods allegedly stolen from six Valley establishments. AH cf the merchandise found In the car. valued at approximately 1100. had been Identified Tuesday noon with the exception of several naira of men's and women’s shoes. Numerous article* of wearing apparel were included In the lot. Valley stores victimised were the P. W. Wcolworth store* at Harlin gen and McAllen; J. C. Penney ntores at Harlingen and Edinburg; the Orand Leader at Weslaco and the New York store at Harlingen. Esparza Rites Held Funeral sendees were held Sun da” for Willie R. Esparta. 33. well known Ranchlto resident, who died Saturday. Burial was made at Ranchlto. Survivor* include his parents. Mr. and Mrs. Antonio Esparza; seven brother*. Enrique, Antonio, Samuel. Abel Arnulfo and Ramon, and three raters; Mrs. Seatriz E. Trevino. Mrs. Francis E. Gonzales and Fldela Esparza Pallbearer* were Duncan 8. Wright. Francisco Trevino. Paulino Cor W. K Morrla. Ernesto Lopez. Luis Reyes. Eustola Lopez. Maria C. de Lopes, Eustola E. de Lopez. Eioiaa E- de Zepeda. Rasoura E. de Noland. Beatrix Garza and Mrs Ester M. Matlsoro. CITY BRIEFS ■_■ Mower* tor all occasion* Los Sbanoa Oreenhouse Company, phone 1*88 Ad?. Lawnmowers. grass hooks, rubber feoae, sprinklers and shears; cement; carpenters and plumpers' tools. Brownsvllls Hardware.—Adv. Yellow Cab—Phone 10S9.—Ad?. Cheeks Malaria In S day* Colds first day TONIC and LAXATTVX TODAY'S MARKETS NEW YORK STOCKS NEW YORK. Aug. 13. UP>—Profit takers gave the stock market an un comfortable first hour Tuesday, but the list only stumbled for a time and soon was back in its advancing ttride. American Telephone was the bell wether of the resistance, Jumping ahead mere than 3 points to another new year's top and pulling a num ber of communications issues and specialties along in its wake. Low-priced power company equit ies also come to life for small gains in unusually setive trading. Two BRITAIN MUST (Continued from Page One) ample of the danger of not stating a nation’s Intention fully and posi tively. •Most Warn Italy* "The World War might have been avoided if England had stated in unmistakable language in 1012 that it would tolerate no invasion of France," he said. "Germany then would not have m understood the British govern ments position and the tragedy that followed probably would have been averted." •‘WTc must not run the risk of repeating the same terrible mistake. We must tell Italy in plain, decisive words we are not bluffing and that we are ready to carry out our solemn ob’igaticns to the league covenant no matter how drastic an action may be required." HOPSON FOUND (Continued from Page One) before the Black committee "forth l with." The house hearing was recessed subject to the call of the chair, and Hopson was instructed to keep him self in readiness to testify again. In the discussion of the Ross tes timony before the senate committee. Hopson asked:, "How much did Henry Pord make out of selling automobiles? I under stand he didn’t start with much.** "I think we had better leave him alone,*’ Interposed Representative Sabath (D-Ill). "He is not concern ed In this investigation. He hasn’t I spent a lot of money trying to beat the utilities bill." CHAOM IS (Continued From Page One) Results of the autopsy follow: "To Judge Will O. Fields, Justice of the Peace: "At your request I have per formed an autopsy on the body of George Arthur Dunlap, and I beg to gpbmit the following re port: •There is a gunshot wound three Inches beiow the left collar-bone and about two inches from its outer end- The course which this bullet followed was through the lung and through the top of the heart and then through the right lung and the right chest wall where it emerged under the skin at the level of the ninth rib in the poste rior auxiliary line. This bullet was the immediate cause of death. “There Is another gunshot wound at the base of the back of the neck on the left side. This bullet followed a course dow# the spine in which it was lodged. There are no other marks of violence on his body. "Signed, Dr. George L. Oallaher.” Scout. Leaders To Be Honor Guests (Special to The Herald) MERCEDES, Aug. 13—Between 50 and 75 Valley men, who have served scouting in the Valley, will be honor guests at the Boy Scout Court of Honor in San Benito Wednesday night, and will occupy seats on the platform, according to John Leslie, Scout executive. Members of the Boy Scout executive board will also be seated on the platform Leslie stated Tuesday that inter est is mounting in the Wednesday night event and troops from all over the Valley are sending in awards from the tenderfoot to the Eagle, the highest rating in Scout dom, for approximately 500 Scouts. Rev. Leslie A. Boone will be the featured speaker. Home Completed Mr. and Mn. E. E. Mockbee have moved into their new home In the Los Ebanos estates. The building is a 6-room frame structure, built by Harry Oroom. at a cost of ap proximately $3,500, and haa Just been completed. Mr. and Mrs. Mockbee formerly lived at 23 Adams street, which home is now occupied by Mr. and Mrs. C. C. Stewart and children, owners. 18 Begin Red Cross Life Saving School Eighteen Brownsville ♦residents Monday took the first instructions in a Red Cross Life Saving School being conducted by Dr. R. Olm sted. The instructions were given at 6 a. m. at the home of Wm. Brown. Jr., on the Boca Chics hi hway. The second lesson is tc be e*~*n Friday morning efter which no new class members will be added. Those taking the initial instruc tions were Irvin Kibbe. Clinton Scfc melllng. Douglas Darley, Donald Earley. Wm. Brown. Jr.. Oscar Law rence. Jr.. Wesley Davis, Fn*nk Lai lier, Robert Dorris, Oeo. E. D:dd, Jr., Franklin Dodd. Thomas Davie Charles Olmsted. Sammy Oustsvse Mosel Pruden. Del Erkins, Dick Brown and O. P. Hacker. Jr., Reception To Honor Rev. And Mr*. Hunter Members of the First Methcdlst church will |lv« a reception Tues day between 7 and 9 p. m. In the church parlors, honoring Rev. *nd Mrs. E. A. Hunter, who were married , recently. Rev. Hunter is the presiding elder of the Brownsville district of the Methodidst church. Mrs. Hunter is the former Mrs. Enola Polhemue, cf Mission, prominent In Valiev church and musical circles. ' 10,000-share blccks of Common wealth 4c Southern changed hands In the space of a few minutes. The rails, steels and motors Just about held their own. Grains and cotxn were in a narrow range. Med ium-priced carrier bonds edged for ward in the leans division. Foreign ; exchanges did little. In addition to American Tele phone, Postal Telegraph Preferred spurted nearly 3 points, and gainers of fractions x around 2 or so includ ed Bayuk Clear, Briggs Mfg., Motor Products, Electric power dc Light, United Corp., Western Union. Radio, ! Public Service of New Jersey, Sear* Roebuck and Montgomery Ward. U. 8. Smelting lost a point and there were a few other soft spots. The strength of the major tele phone stock was attributed partly X renewed investment demand as well as X scattered short covering. While the company la not earning its cur rent dividend requirements, busi ness prospects are said x have Im proved to such an extent that the directors, at their meeting on Aug. 21, may decide to continue the $8 rate. The steadily rising public interest in the market, both of a speculative and investment nature, led some observers tc warn Irregular price trends may become more frequent as the dally share volumes mount. The Washington tax controversy, together with other legislative and political rumblings, did not seem disturbing X Wall Street. NEW ORLEANS COTTON NEW ORLEANS. Aug. 13. (JF>— Cotton futures were 3 to 6 points lower Tuesday on the local ex change. Poor cables from abroad and continued favorable weather for the belt influenced light of ferings. Oct started at 10.97, down 6 points and Dec sold at 10.88, off 3 points while Jan at 10 84, Mch at 10.85 and Jly at 10 83, averaged losses of 25 cents a bale. December was subjected to pres sure during the morning and lost 14 points to 10.77. Other months held up comparatively well as October hovered around its opening level of 10.97, while January at 10.86 and March at 10.82 represented reces sions ranging to 7 point*. Rains fell In Texas and Oklahoma I overnight, relieving this area from the excessive heat experienced dur ing the past few days. Light show ers also were reported from Alabama, with the rest of the belt high and dry. Reports from Washington stated that pressure was being exerted on the administration head for im mediate announcement of a loan, but the majority of the trade **■ pressed belief Secretary of Agricul ture Wallace would abide by his ear lier decision to await the movement of the crop. With a crop of 12,000,000 bales in the offing. Opinions vary on how well the market will be able to withstand hedging pressure when it begins to move in volume. Offerings dried up during the morning as prices were holding In a narrow range as the half-way mark in trading approached. CHICAGO GRAIN CHICAGO. Aug. 13.—vP)— Wheat prices averaged lower here early Tuesday with the Canadian govern ment’s report Indicating crop pros pects in the Dominion, despite rust, hall and drought, were better than many traders expected. Operjng H to 1H cent off. Dec. 88T4-89 1-8. Chicago wheat later steadied near this leveL Com started H-34 down, Dec. 55 Vj - \ and then rallied. CLEAN-UP OF (Continued Prom Pag* One) purpose, citrus canker 1s not known tc exist in the Valley at this tlmt so that the work done in this section will be preventive In nature. Removal of the trees also is expected to have some indirect results because or chards will be cleaner and make con trol of the Mexican fruit fly and ether pests much easier. This is a federal, not a local proj ect. It is a Works Progress Admin istration project giving employment to those registered with National Re-employment Service offices. All employables on relief are now being transferred to the NRS offices. The program will include removal of citrus trlfoliata in the Houston and Galveston areas. Some work also will be dons in Louisiana. Cit rus plantings in the Galveston and Houston areas have already been froeen out with only the hardy citrus trifoliate root stacks surviving. It was explained here that citrus can ker came to the United States from Japan in sateuma orange stock. When thlas tock was used for bud ding other citrus, canker spread to various sections of the country. There is one inspector on duty in the Valley who keens a constant lookout for canker and anothsr may be added. It was carefully pointed out here that the aame cooperation from grove owner* will be necessary ts tn the Mexican fruit flv ar.d other con trol programs which have been in effect in the Valley. This co-opera tion Is expected to be freely given bv the erewers because of the bene fits w’hich they will receive. A num ber of growers hsve already endors ed the program Positive Relief for MALARIA 1 Sun End to Chilli and Ftvtr! Here's real relief for Malaria — Groves Tasteless Chill Tonic 1 Quickly it stops the chills and fever i ana restores your body to comfort. Many remedies will merely alleviate the symptoms of Malaria temporarily, but Grove’s Tasteless Chill Tonic goes all the way and completely ride your aystem of the infection. Grove's Tasteless Chill Tonic b a real | corrective of Malaria because It contains two things. First, tasteless quinine which kills the Malarial infection in the blood. I Second, tonic iron which helps overcome : the ravages of the chills and fever and fortifies against further atteck. Play safe! 1 lake Grove’s Tasteless Chill Tonic. It i dow comes in two sizes-50c and 91. The 51 size contains 2J4 times as much as tho 50c sin and gives you 25% more for your money, get bottle today at any drugstore SWORD WOUND KILLS OFFICER Director General of Jap Military Affaire It Victim TOKYO, Aug. 13. (^—Lieutenant Oeneral Tetsuzan Nagata, director general of Japanese military affairs, dlsd Monday of sword wounds, which the war office stated, were Inflicted by Lieutenant Colonel Aizawa dur ing a fight in Nagata’s rooms. The incident was said tc have grown out of recent transfers of army officers. Oeneral Senjuro Hayashi, minis ter of war, was said to have prepar ed his resignation as a result. Oen eral Nagata was one of his strongest supporters. The director general wag wound ed in his rooms In the war office where Aizawa called on him Monday morning. There was an argument, during which the lesser officer drew his sword, the war office said, and inflicted the wound. The war office, after reporting the Incident, Immediately imposed a strict censorship on details. Hayashl. when advised of the mor tal wounding of his friend, immed iately prepared to resign and as sume responsibility of all events leading up to Monday’s outbreak. It was said that the resignation prob ably would not be accepted. Aizawa was promptly arrested. The minister of war, vice minister of war and other high military offi cials were summoned to an emer gency meeting. McNamee Recovering AKHON. O., Aug. 13.—(£*>— Gra ham McNamee, radio announcer who was injured Sunday when a racer in the National Soapbox PARTNERS Edmund Lowe end Claire Trevor have the leading roles in Fox Film’s latest comedy drama, “Black Sheep", In which action, comedy, romance and mystery abound in a clever new story about a transoceanic card gam* bier. 8howlng Tuesday only at the Capitol and Queen Theatres, Brownsville. # Derby went out of control and struck him. hoped to leave the hos pital Tuesday and return to N#w York. McNamee was held under observ ation for a possible brain concus sion Monday night along with Tom Manning. Cleveland announ cer. who also was Injured. Hospital attendants said Manning had a strained back and they indicated that he will be held for further observation. In ancient times. Romans believ ed that the heart of a poisoned per son could not be burned. PARALLEL ROAD TO BE PUSHED # San Benito Chamber Group Urges Second Road To Harlingen (Special to The Herald) BAN BENIO, Aug. 13 —Construc tion of s parallel Harlingen-San Benito highway was the chief Item of discussion here Tuesday morning at a breakfast meeting of the high way committee of the San Benito Chamber of Commerce. The importance of this highway, and the fact that It has been delay ed due to haggling over various pro posed routes, was stressed at the meeting. An effort will be made to have County JJudge O. C. Dancy, Mayor Sam Botts of HarMngen, Mayer E. L. Barmore of San Benito and others to meet with the state highway commission August 19 to urge early construction of the pro posed highway. It Is believed that all diiiicuities surrounding locaucn oi the highway have been dlspos' * of and little trouble will be had in get ting the highway designated. The local group also will urge com pletion of the Holly Beach highway and the Improvement of Rangervllle roads to be used by the Rangervllle school bus In bringing school chil dren In to the San Benito school system. J. A. Welch and Jce Ballen ger are to confer with Rangervllle residents with a view to Improving the proposed bus route. About 15 persons were present at the Tuesday meeting which was held at the Stonewall Jackson hotel. The session was presided ever by Joe Er win. There are many varieties of grey hounds, but all are not tall and slender. The Italian greyhound Is a dwarf and Is keot as a pet. a pebble. It quickly opens again. RAINS BREAK (Continued from Page Cn2> from Frederick. Okla., south to Breckenridge. The termometer at Wichita Falla read 70 Nearly an inch of rain fell at Brownfield, in the Panhandle last night, and the precipitation con tinued Tuesday, greatly benefiting com and grain sorghums. Plainview had no rain, but cloud)' skies sent the mercury down to 66. Only over Amarillo were the skies cloudless, presaging wanner weather with a forecast of 93 degrees. In East Texas Tyler had received half an Inch of rain, and more showers were expected. San Antonio fiad cloudy skies, with showers forecast, and heavy clouds hung over Corsicana, san Antonios temperature was expect ed to reach 95 as was Houston s, but Houston reported that “would be cool compared to a few days ago." Despite .09 of an Inch of rain and a few clouds Galveston continued warm. 2ND DIVISION (Continued from Page One) the capture of Manila and was awarded the Medal of Honor In 1890 for bravery In action. He re mained In the Philllplnea until 1900 when he was attached to the 14th Infantry expedition sent to the j relief of Pekin, and acted as chief of police of the American section of that city. In 1902 he was assigned to the ei-tillery corps, serving in the Plnl lipmes, and returned to the United States in 1911. In 1919 he was made chief of staff of the 89th division nnd participated in the assault on the. fit. Mihiel salient, and was awarded the Dfi cross for heroism. He was advanced to brigadier gen eral In 1918 and was attached to the 35th Heavy Artillery. In 1918 he went with General Leonard Wood t(-r an inspection of the British. French and American armlea. MYSTERY SWIM INVESTIGATED Man Says Ha Leaped Fran® Fishing Vassal On *Dara* BOSTON. Aug. 12. (if)—Walter Roblllard. 32-\ear Bostonian, waa under the cars of doc ton Monday after a lone &xlra in the open aea 150 miles from shore. (t was by cure chance that Roblllard was found by the trawl er Ripple Sunday a half hour after he Jumped from the fishing boat Notre Dame, on which be was s passenger. _ Swimming strongly in a choppy sea. Roblllard. clad in a white heavy roll-neck sweater, khaki trousers and brown shoes, had to be dragged aboard a dory launched by the crew of the Ripple. The unidentified master of the Notre Dame told the Associated Press In a wireless message that Roblllard "went overboard unaaan and the circumstances unknown. We were fishing alongside the Rip ple at 10 a. m , and he was not missed until a message waa re ceived from the Ripple at ft p. m He was taken to Chelsea Marine hospital where Dr. John T. Haael. assistant surgeon, said the only in formation Roblllard would or could give was that he had Jumped from the Notre Dame about a half hour before he was saved. The reason for his leap, the doe tor quoted him ee saying, wae that some prominent officials "dared me to. Later Roblllard waa transferred to the Boston Psychopathic hospi tal. A germ so small that It cannot be seen causes hoof-and-mouth die ease ALL TIME AIDS TO THE HOUSEWIFE H andj service booklets to help you In every household task expert guidance available only through our Washington Informa tion Bureau • These booklets will assist In your kitchen or in your garden. They offer timely aids to housecleaning, care of pets, interior decorating, first aid, modern etiquette, scientific diet, flower and vegetable gardens • Examine each descriptive title and check your fenmediate needs. For each booklet you desire a small charge is requested to cover handling cost and postage. IN THE KITCHEN CANNING AND PRESERVING—A new booklet; more than one hundred tested recipes for canning at home. Fruits, vegetables, meats, and chicken; how to bottle fruit juioee; how to salt down fresh vegetables. 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